Criminal Justice Paradigms - Research Paper Example

Whether criminal research should be done on prisoners without their permission or knowledge Introduction Justice is universal phenomena, which should be disbursed on equitable manners. This study is about discussing whether criminal research should be done by informing prisoners or they shouldn’t be informed. However, the author of study would undertake criminal justice principles to examine the ethical status of prison research. It is somehow important to know the behavior possessed by prisoners behind the bars. This insists author to employ peter principles to better analyze the situation. Furthermore, the author of study is interested to put glance at court system & the significance of laws in this context. Criminal justice principles Peter ranked sending criminal behind the bars for the lawlessness suppression. However, public should be shielded against such lawlessness predatory crimes. Hence, criminal must be detained till criminology laws defined time period. In addition, justice system should not be for sale either through political influence, fertile soil, wealth and ideology. Moreover, peter categorized punishment as mediocre treatment to correct one’s disorder behavior. In such a way, patient or criminal used to be inflicted by punishment that he would have been punishing as if he convicts crime for once again. Hereby, conditional theories used to be implied on him for eliminating such obnoxious and socially brutal behavior. (ALB. L. REV. 1 (2004) Peter principles are all about for individual behavior. It discusses corporate leadership in the context of employee sentiments. Two types of corporate leaderships prevail at current era. One doesn’t care for employee career growth, but other cares much regarding employee growth. Hence, organizational management needs to overcome to such unfavorable situations. On other hand, peter principles don’t have as such direct relationship with criminal justice, but these principles help justice system to flourish inside corporate entities. People stop performing as if they don’t receive deserving promotions. Their moral level generally comes down. Peter principles highlight the importance of skills and abilities to be a hot choice for management at the time of choices. Human mind doesn’t have that design to avoid biasness elements. He may attributably resist to biasness by controlling his behavioral aspects. In addition, some people don’t have tag to be said criminals, but they deliberately have connections with carceal world in order to influence on their fellows. Such people are felt dominate in corporate world. Though it is a criminology act, but there is no as such verdict of law available to ask them to leave connecting to carceral world. Peter principles steer individuals to use their individual capabilities to get all promotional steps rather than getting indulged in such affiliations, which may cause harm to him in future. Individual is not supposed to use its affiliation for threatening its immediate head for promotion cause. Nevertheless, organizational policies remain worthless as if such practices frequently start happening inside people Peter principles sentence to justice with all criminals regardless of seeing their backgrounds, professional health, and social status. Justice should understand the language of equality. (Roy R. Roberg, Jack Kuykendall and Kenneth Novak (2002) Criminal justice is quite helpful in all fields, wherever chances for injustice are found by criminology act. Organization management shouldn’t leave loopholes for influential groups to be reshaped to cause destruction. Peter principles straightaway sentences that nobody should be allowed to work outside of its professional rubella. Employees desperately look around to improve their skills and knowledge base within organization as once they get appointed. However, many of them don’t care for the validity and usability of the information. For instance, finance executive doesn’t have that much need to learn operational abilities. Hence, he must concentrate on its field as if he wants to grow in his life. Each suspect must be awaited for court approval in order to pass him under imprisons punishment. Hence, major crimes deserve to be given capital punishment. Peter principles didn’t tune similar to following criminal justice phrase, but it cannot relinquish from it when it has ditto similar theme on the back. Moreover, peter principles tell to avoid decisive practices not only from organization but also from society. None of any individual should believe on unauthenticated reports, and on unsigned reports. Corporate people need not to rely on such things weak reports, and they need to understand such things adequately. An organization is as a legal, and artificial structure created to coordinate personnel and resources to accomplish goals and its mission. Hence, the purpose of organization is to include precise communicated statements, clear purpose, division of labors, and hierarchy of command, clear career path, bureaucracy, and degrees of specialization. In addition, officers are expected to stay focused on the department’s crime reducing mission, and to give them by the adequate legal ordinances and tools to enable them to perform their jobs. On other hand, police promotional packages used to be announced against better track record of policemen. In addition to it, organizations appoint security guards, advocates and community relationship officers in order to avoid chances of any misconduct. In civilian based business entities private thefts, robberies and on spot murdering has become a routine matter. Therefore, criminal justice system is there to help out affected individuals or to its family. In such case, organization management or ownership opinion becomes essential in order to solve criminology matters. Moreover, criminal judge may restrict organization to provide basic facilitation to employees. In addition to it, peter principles have used contingency theory conceptual frame work, institutional theory conceptual framework, and resource dependency theory conceptual framework. Union issues raise controversies related organizational policies including officer ranks, promotional plans, and bonus announcements. Private organizations hold on union lobbyists for not to allow them independently spreading unrest inside organization. In addition to it, union system may arouse among people criminal thoughts. However, peter principles curb individuals from blindly obeying verdict of union leadership. Union often keeps their demands to promote their men either. Union always intends to pursue for gaining valuable power to handle their issues inside organization. In spite of it, societal nonprofit labor union societies usher them from outside. Using unfair means is injustice indeed. However, management reserves rights to put lawsuit against such favors. Corporate laws help management in such conditions. The role of court system As far as legality of high court is concerned, high court is basically highest court of EU. On other hand, it is following European Union law in chorological order to deliver equal services across the European Union member states. If we put glance on the structure of high court system, it will put sense itself like each member state has its own envoy in the court. There is a limitation in case of hiring judges as one member country can send one judge to current court system. Currently, 27 judges are operative but all jury members are not bothered to hear single case on same time. Normally, it happens that three to five members are supposed to hear case. On other side of flip, high court is not solo operative in all cases; either they are serious criminal charges or other natured cases. As far as structure of European court justice is concerned, it is being run through treaty of Rome 1957. house of lords is prime responsible for dealing all concerned and non concerned issues regarding to court system. On other hand, court of appeal is handling flow of information into two distinctive ways, one is so-called ‘criminal division’ and other one is called civil ‘division’. Criminal division is supposed to monitor crown court and magistrate’s court. As far as second division is concerned, civil division is lifting the responsibility of high court and country court. High court is solo court which can incorporate along magistrate court plus house lords. However, legality of European high court is immense important for society. ECJ has been made part of the English legal system by virtue of the European community’s act 1972, section 3. On other hand, its intervention can be seen in two distinctive ways under act 177 of the treaty of Rome. According to presented act, any UK court, civil or criminal can ask for its judgment on a point of community law if it is felt to be an important point, which is considered vital for resolving certain issue. On other side of flip, high court has rights to appeal to House of Lords though court of appeal can appeal to House of Lords as well but it is bounded to matters of legal importance (act 1995-section 47). The high court deals along three main divisions like Queen’s Bench division, the chancery division and family division. On other hand, Supreme Court costs office is the unit of high court; it is used to deal along legal costs and falls outside these divisions. In 1865, the reporting of cases was systematic through incorporated council of law reporting. On other hand, case law has been defined in 1865 which was basically in four separate series. If it is deadly required to send information to ECJ by European high court then it may precede without providing factual information rather. In England and Wales, there are several enactment which have been seen in the shape of royal courts of justice and courts of England, it is defined in act 2005 that judicial committee and house of lords are used to sit separately to respected supreme court. As far as civil cases are concerned, they are basically dealt under high court system plus if it is felt mandatory to take opinion from Supreme Court then high court can take opinion from bench of ECJ. On 22 April, the chief justice of British high court demanded the classified information about the supposed torture of a British resident, who had been under arrest at the US military prison in Guantanamo. European high court took opinion from bench of lord of justice of ECJ. Laws lords can hear only those hearing which are coming through channels of high courts. High courts are basically so-called country courts. Which are extremely responsible for maintaining laws and order situation inside the country? There has been widespread reorganization of civil course of action in current years. Following on the publication of a most important tale on Access to Justice by Lord Woolf in 1996, a wholly new position of Civil course of action Rules were place into process in 1999, as well as new legislation for modernizing the courts and legal services. The Legal Services Commission was shaped under the right of entry to Justice Act 1999 to provide a Community Legal Service and Criminal Defense Service and administer lawful aid EC law and national laws are functionally interrelated; they are inseparably mixed in terms of legal thinking and legal actions. The sources of EC law have roughly been divided into the categories of primary law, secondary law and case law. The emphasis is on the EC and EU treaties through bookbinding secondary legislation and groundwork rulings of the ECJ. On other hand, the treaty has established the European community; it can be amended by the single European act (SEA). These treaties can be taken with practical point of view, which is referred to constitution of community as their disbursements take priority over all other sources of law inside the EC. The EC treaty sets out the generic objectives, principles, foundations and policy of the community and the rules which govern its institution. The case law of the European community justice is vital foundation of law as far as legal certainty is afraid; principles have not been elaborated in the EC treaty or in minor legislation. The principle of legal certainty cannot be extracted only from secondary legislation. In addition to this, all legal measure categories are usually described in article 249 EC. The groundwork verdict measures are defined under article 234 EC, article 177 EC. It is brought into working when it is to analyze the character of case law as foundation of law. The binding ness of the first round edict of the ECJ can be accessed in relation to its own case law to CFI for the sake of referring to national court or to national courts in general. High courts can put exceptional overwhelm on the ECJ. The high court may try to change the complex opinions of the ECJ by making decisions contrary to the line of cases of the ECJ. The role of prosecutor As far as role of prosecutor inside the court is concerned, he is supposed to evaluate the police report. There are numerous moral obligations of prosecutor while filing case against defendant such as prosecutor should never file a case simply because a defendant is unpopular or may be found in doing misdeeds in his/her past. On other side of flip, prosecutor is obligatory to file the charges and handles the case from the filling the charges through pre trial negotiations, if any and ultimately trial. In law terminology, prosecutor is the chief legal representative of the prosecution within the boundaries of country along common law adversarial system, civil law inquisitorial system. Prosecutors are generally lawyers, who are used to be appointed as legal professional by the court, in which they aim to represent the state. On other hand, such types of lawyers have legislative authority in their hands because they are backing by government official state power. Therefore, prosecutors are subjected to have special professional responsibilities rules. There are many multiple responsibilities of prosecutor. He will draw the attention of court towards any infuriating or extenuating factors which have been disclosed by the prosecution case, any personal statement of victim, indication of the impact of the felonious on a community but if it is appropriate, any matching statutory chuck relating to anti social behavior orders. Crown prosecutors are answerable for demonstration of the charge in all but primarily in minor cases. Therefore, they used to advice to police during early stages of an investigation. He is responsible for prosecution services plus independent governmental organizations. Role of criminal defense attorney is vital; he/she are supposed to hire investigators for the sake of checking the truth about the case. So, that he/she can pursue facts about accused subject in real. In case of occurrence of crime, he will formulate sentencing programs tailored to a client’s needs. The core role of attorney is to help defendants, shun projected/future brushes amid the criminal justice system. On other side of flip, he is solo personal, who can disburse information to accused defendant along knowledge and objective perspective on the situation as what would be probably to occur, either this case should go to trial or it should go to ultimate trial. On contrary, this information is precious like shining metal for defendant. On the basis of provided information, he may opt, either he will have to accept proposed offer of prosecutor or he will never accept. Whatever he says him. Defense lawyer has distinctive set of responsibilities relatively to criminal defense attorney as he is responsible for defending legal system that guarantees the presupposition of blamelessness and every citizen’s right to equal protection under the law. It is ground breaking reality, if we are evaluating performance either it is prosecutor or criminal defense attorney then we will come to know that both can go beyond the judiciary boundaries. They have to keep working under the roof legal system. On contrary, their hands are not tied with law but their focus should communicate moral values and dignity of human beings. Reference ALB. L. REV. 1 (2004). ‘Criminal justice paradigms ‘vol.2, no.3, pp.1-34. CPS (2009) ‘Prosecutor’s role in sentencing’ from http://www.cps.gov.uk/publications/code_for_crown_prosecutors/role.html[27/04/2011] Dennis J. Stevens (2008) ‘officer stresses, prentice hall, Saddle river, 2nd edition Juha Raitio (2007) ‘The principle of legal certainty in EC law’ ISBN: 1-4020-1217-9 from http://books.google.com.pk/books?id=tpzr1SlsGzIC&pg=PA73&lpg=PA73&dq=EC+law+interpretation+of+ECJ&source=bl&ots=Aaby7OSpQf&sig=j5eqF_Jm3wsQ9b1d3AyJYLe0oXM&hl=en&ei=lXf1SZGdL4_EMa2kjbkP&sa=X&oi=book_result&ct=result&resnum=1#PPA88,M1 [27/04/2011] LLRX (2012) ‘Features-update to a guide to the UK legal system’ from http://www.llrx.com/features/uk2.htm#Case%20Law [27/04/2011] Mcclatchy (2012) ‘UK high court demands US torture documents’ from http://news.yahoo.com/s/mcclatchy/20090422/wl_mcclatchy/3218126[27/04/2011] Roy R. Roberg, Jack Kuykendall and Kenneth Novak (2002) ‘Officer Management’ 3rd edition, pp.265-278. Steve Valentino (2012) ‘Criminal Defense Attorneys’ from http://ezinearticles.com/?Criminal-Defense-Attorneys&id=247707[27/04/2011] Peter, Christ (2011) ‘Guiding criminal justice principles’ the lampstand foundation, vol.1, pp.12. UK law online (2006) ‘The court structure’ from http://www.leeds.ac.uk/law/hamlyn/courtstr.htm [27/04/2011] Read More